CHAPTER 373
S.P. 558 - L.D. 1604
An Act To Expedite the Drilling of Private Drinking Water Wells
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §3360-A, sub-§3, ¶A, as enacted by PL 1991, c. 437, §3 and affected by §12, is amended to read:
A. In addition to any other notices required under this section, each excavator shall notify the system of the location of the intended excavation at least 3 business days but not more than 30 calendar days prior to the commencement of excavation, except as provided in paragraph G.
Sec. 2. 23 MRSA §3360-A, sub-§3, ¶G is enacted to read:
G. If an excavator notifies the system and nonmember operators as required by this section and is informed by the system and each nonmember operator, including private landowners, that no underground facilities exist in the proposed excavation area, then the excavator is not required to wait the 3 days as required by this subsection and subsection 10 and may begin excavation immediately.
Sec. 3. 23 MRSA §3360-A, sub-§5-F is enacted to read:
5-F. Water well construction; rulemaking. The Public Utilities Commission shall by rule establish notice requirements for excavation associated with drinking water well construction. In establishing the rule, the commission shall consider:
A. Whether notice requirements established in the rule should be limited to the drilling of a well or should also apply to other excavation associated with well construction activities, such as trenching for installation of pipes and equipment;
B. Whether notice requirements established in the rule should be based on factors such as geographic location, population density or other criteria bearing on the efficiency and effectiveness of the notification process and any offsetting public safety risks;
C. Whether the amount of time required for notice prior to excavation should be reduced; and
D. Any notice requirements associated with drinking water well construction that the commission determines appropriate.
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 4. Rulemaking. The Public Utilities Commission shall submit rules made pursuant to the Maine Revised Statutes, Title 23, section 3360-A, subsection 5-F to the Joint Standing Committee on Utilities and Energy for review no later than February 1, 2004.
Effective September 13, 2003, unless otherwise indicated.
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